COMING [MOSTLY] CLEAN – The year-end omnibus spending bill remains trapped in conference, but whenever the bill does see the light of day, it appears likely that the bill will be largely stripped of policy riders aimed at environmental regulations.

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Jim Moran, the House Democrats’ top appropriator, strongly suggested to reporters Tuesday that there were no provisions affecting EPA or Interior Department regulations on mountaintop removal mining. And when asked if there were any riders affecting the EPA at all, Moran answered, “not really.”

LONE RIDER – One provision that is included in the omnibus waives some water study requirements for building roads in forests, but the rider does not affect the much-broader Roadless Rule for national forest conservation, he said.

THE BIG PICTURE — House and Senate Democrats are slow-walking the bill through conference as part of Majority Leader Harry Reid’s effort to keep Republicans in town and gain some leverage in the battle over payroll tax cut legislation. POLITICO’s David Rogers goes behind the scenes: http://politi.co/u13j4X.

SPEAKING OF THE PAYROLL TAX CUT — House Republicans on Tuesday defied a White House veto threat to pass a version of a payroll tax cut extension that includes language demanding a quick decision on the Keystone XL pipeline and blocking EPA’s boiler MACT. The measure passed 234 to 193, with 10 Democrats supporting the bill and 14 Republicans voting against it. Dan Berman has the story for Pros: http://politico.pro/vb4vvS.

MORE ON THE MACT — At least 10 Senate Democrats have supported previous legislative attempts to block EPA’s Boiler MACT rules, but Republicans’ effort to tie the regulatory attack to the payroll tax measure isn’t winning those Democrats over this time around. Martinson has the story for Pros: http://politico.pro/stVNlL

HAPPY WEDNESDAY and welcome to a stuffed-crust edition of Morning Energy, where your host has so much news to deliver that he only has room for the shorthand version of his daily wit and wisdom. Honey Nut Cheerios + Green Bay Packers + obscure rap reference + a dash of self-ridicule = send ME your best energy news at preis@politico.com.

SENIOR SHAKE-UP AT EPA — Lisa Jackson is losing one of her closest advisers this week as Seth Oster, the agency’s director of external affairs, prepares to leave his post Friday for a top communications job at KPMG LLP — one of the world’s largest tax, audit and advisory firms.

Jackson openly lamented Oster’s departure in a recent all-staff note, writing that “Seth has transformed the way EPA talks about our work protecting the environment and people’s health and I am deeply grateful for his service to the agency.” A pre-steroid version of Ichabod Crane has the story for Pros: http://politico.pro/utGhsa.

SOLYNDRA SURPRISE — A grand jury has been investigating Solyndra for at least two months, according to billing records from the law firm defending the bankrupt California solar company, the Washington Times reported Tuesday night. Solyndra attorneys have been in contact more than two dozen times with the U.S. Attorney's Office, as well as the FBI, according to a document that K&L Gates filed Friday with the U.S. Bankruptcy Court in Delaware. Samuelsohn has the story: http://politi.co/sgOV5P.

A BIT OF BIPARTISANSHIP — The Senate approved a House-passed pipeline safety bill by unanimous consent Tuesday evening, sending the measure to the White House where President Obama is expected to sign it. The bill (H.R. 2845) boosts civil fines for safety violations and reauthorizes the Pipeline and Hazardous Material Safety Administration through 2015.

NRC SHOWDOWN: DAY ONE — All five members of the Nuclear Regulatory Commission, including embattled Chairman Gregory Jaczko, are scheduled to testify before the House Oversight Committee today, giving the commissioners a face-to-face forum to discuss explosive internal debates that went public last Friday. The hearing will likely hinge on discussions of Yucca Mountain, Jaczko’s temper, the Fukushima disaster and efforts to implement post-Fukushima safety recommendations. Dixon fleshes it out for Pros: http://politico.pro/uZ4ZA9.

Today’s hearing is at 10 a.m. in 2154 Rayburn. Two new witnesses were announced Tuesday: Bill Borchardt, executive director for operations who joined the NRC staff in 1983, and Stephen Burns, NRC’s general counsel.

Y’ALL COME BACK NOW — The commissioners are scheduled to be back on the hill Thursday morning, when they’ll appear before the Senate Environment and Public Works panel.

** A message from America's Natural Gas Alliance: Natural gas vehicles are driving change in your city, in your driveway and at your door. Learn more about how you can bring cleaner transportation to your community. http://bit.ly/ejQgTj **

INTERIOR AUCTION — Ken Salazar will kick off the Interior Department’s sale of oil and gas leases in the western Gulf of Mexico in New Orleans today. The sale has attracted more buyers than previous western Gulf sales in 2009. BOEM said that 20 companies have submitted 241 bids on 191 tracts, compared to just 189 bids in 2009. The sale opens at 10 a.m. Eastern today.

CUE LAWSUIT — Environmental groups sued Tuesday to send Interior back to the drawing board, arguing the department has forgotten the lessons from last year’s Deepwater Horizon spill ( http://politico.pro/uXRPkL). The suit is not intended to halt the sale immediately, but rather to render it moot by invalidating the environmental analysis underpinning Interior’s offering, Southern Environmental Law Center attorney Catherine Wannamker told The Huffington Post: http://huff.to/tOWkX1.

HUMAN RIGHTS AND FRACKING — Environmentalists are warning New York lawmakers that allowing fracking in the state could violate international human rights standards. Buford has the story — including pushback from industry representatives — for Pros: http://politico.pro/vfgKOz.

SUNNY QUARTER, CLOUDY FUTURE — The U.S. solar market continued to flourish in the third quarter of 2011, according to an industry report out Wednesday, but upcoming uncertainties over tax incentives and an international trade complaint could spell trouble on the horizon. Guillén has the story for Pros: http://politico.pro/utNxJM.

THE OTHER MACT — Top Energy and Commerce Committee Republicans are asking the White House to take a hard look at EPA’s soon-to-be-released utility MACT rule, saying the agency has not sufficiently addressed concerns over the rule’s effect on reliable electricity. Their letter to OIRA head Cass Sunstein: http://bit.ly/uNcCps.

Meanwhile, Rep. Lois Capps is leading a coalition of 40 Democratic women in a countercharge, arguing that EPA’s mercury standards for power plants are necessary to protect women and children. Their letter to Obama: http://1.usa.gov/tsqLpJ.

PULLING THE PLUG — PG&E Corp. — which owns California’s largest utility — is suspending tax-equity investments in solar projects in order to focus on responding to a deadly pipeline explosion in San Bruno, Calif., last year. The company’s existing partnerships with solar companies will continue. Bloomberg: http://bloom.bg/sqI4gh.

UPTON ON JACZKO — E&C’s Fred Upton and John Shimkus walked a fine line in a joint statement Tuesday night about the infighting at the NRC. The statement didn't necessarily call for the chairman’s head but did say: "An important first step is to sanitize the NRC of any semblance of politics and restore the integrity of the independent safety agency." Nevermind Shimkus's earlier comments this weekend about Jaczko, in which he told POLITICO: "I think that the president should fire him."

DINING WITH THE STARS: POLITICO Playbook Breakfast — House Speaker John Boehner will discuss policy and politics with POLITICO chief White House correspondent Mike Allen and reporter Jake Sherman starting at 8:30 this morning at the Newseum. RSVP here http://bit.ly/vSQLZc, or to playbookbreakfast@POLITICO.com.

OLD RELIABLE — Internal emails between FERC and the White House show that the EPA may have discounted Energy Department concerns about how its mercury and air toxics rule for power plants could affect power grid reliability. Martinson has the story: http://politico.pro/tEIuQa.

THAT ONE’S ON ME — Australian officials during the Durban climate negotiations said they would participate in a further round of Kyoto commitments only if a broader agreement was reached to include all major emitters. Tuesday’s edition contained incorrect information.

TWO-MINUTE DRILL -- Why is domestic crude hovering around $100 per barrel at a time when unemployment is high and demand for gas is low? The Wall Street Journal explores ( http://on.wsj.com/sYpXBc) that question and others as part of a broader commodities report published today: http://on.wsj.com/veSven.

-- In a sign of surging gas demand, Australia’s biggest owner of gas pipelines, APA Group, is making a takeover offer for Hastings Diversified Utilities Fund, a company which APA values at $1.06 billion. Wall Street Journal: http://on.wsj.com/tcZRHh.

-- TEPCO’s president says it is possible the Japanese government could buy a stake in the struggling utility, which is deep in debt partially as a result of the Fukushima Daiichi nuclear disaster. Wall Street Journal: http://on.wsj.com/uW6gAU.

-- French and Japanese officials are calling on Canada to rethink its withdrawal from the Kyoto Protocol. BBC: http://bbc.in/rAS7J4.

-- Canada’s exit from Kyoto was a long time coming, starting with the Bush administration’s decision to walk away from the pact in 2001. Reuters: http://reut.rs/uMKTpB.

-- The National Association of Manufacturers and industry research firm PriceWaterhouseCoopers are releasing a study today arguing that shale gas development could be a boon for the manufacturing industry, saying it could reduce U.S. manufacturers’ natural gas expenses by as much as $11.6 billion annually through 2025. The study is to be released in full at 11 a.m. today at an event at 1331 Pennsylvania Ave. NW, Suite 600.

-- If you missed U.S. Climate Envoy Todd Stern’s post-Durban press call yesterday, a full transcript can be found here: http://1.usa.gov/ufmyJL. (Note that Stern’s 8-minute battle-rap soliloquy was redacted from the transcript, but it will hopefully be included on his soon-to-be-released mixtape: “Stern Warning.”)

10 a.m. — The National Academies holds a conference call on its report: "The Macondo Well-Deepwater Horizon Blowout: Lessons for Improving Offshore Drilling Safety." RSVP for call-in information and a copy of the report at news@nas.edu.

10:30 a.m. — The American Chemistry Council holds a media briefing to announce its 2012 policy priorities, including EPA regulations.

Noon — The American Council on Renewable Energy hosts a webinar on energy security featuring Jonathan Powers, special adviser on energy to the assistant secretary of the Army.

Noon — The Alliance to Save Energy hosts a discussion titled "Where Are They Now: A Review of Energy Efficiency Policies in 2011 and the Prospects for 2012." http://bit.ly/rwPyQq. 1850 M St. NW.

12:30 p.m. — National Press Club Newsmaker luncheon featuring Jim Cantore, a meteorologist for The Weather Channel who will deliver an address on covering severe weather. http://bit.ly/txwdwZ.

2 p.m. — White House Council on Environmental Quality Chairwoman Nancy Sutley will accept the Good Neighbor Environmental Board’s 14th report and discuss how the administration is working to strengthen the health and economies of communities along the U.S.-Mexico border. 1300 Pennsylvania Ave. NW.

THAT’S ALL FOR ME, and because your host’s soundtrack to tonight’s edition would never, EVER get past the standards department, here’s a heavily-sanitized approximation: http://bit.ly/Lav4M. #Steve!!!

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** A message from Vet Voice Foundation: Tens of thousands of service members and veterans rely on public lands to hunt, fish, camp and heal from the wounds of war. These lands are part of the American heritage we fought for. As a new President and Congress look to rebuild America's infrastructure, we call on them to make an equal investment in maintaining our public lands and parks for our service members and all Americans. Support for our veterans must extend to investing in and protecting America’s natural heritage, for our children and grandchildren. www.VetVoiceFoundation.org **